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Title 18: Crimes and Punishments

Chapter 33: Firearms, Explosives and Other Deadly Weapons

18-3302. Issuance of licenses to carry concealed weapons.

1. Introduction

This Section of Idaho Code is very lengthy, and various Subsections often have points relating to multiple different topics. The following is a topical reorganization of the material, putting it into a more chronological process flow where possible. Source Subsections are generally noted at the end of a sentence or paragraph. We paraphrased material wherever possible, and sometimes added emphasis by boldface and underling to focus on core content for readers who are skimming the information.

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2. Definitions

“For the purposes of this section, a concealed weapon means any dirk, dirk knife, bowie knife, dagger, pistol, revolver or any other deadly or dangerous weapon. The provisions of this section shall not apply to any lawfully possessed shotgun or rifle.” [Subsection (7).]

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3. Application Availability; No Liability

The official (sheriff, deputy sheriff, county employee) who issues a license shall not incur civil or criminal liability for performing the duties required in this Section. [Subsection (8).]

The sheriff is required to make applications readily available at the sheriff’s office or other public offices in that jurisdiction. [Subsection (10).]

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4. No Local Modifications Allowed to Application or License Requirements

No city, county, or other political subdivision is allowed to modify the requirements of this license application, or “ask the applicant to voluntarily submit any information not required in this section.” An applicant can bring a civil action for wrongful refusal to issue a license or wrongful modification of the requirements, and may choose to file either in their county of residence or Ada county. If they prevail, they are awarded costs, including reasonable attorney’s fees, related to the legal action. [Subsection (6).]

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5. Required Application Details

The license application requires fingerprints plus the following pieces of information (social security number is on the form, but providing it is option). [Also see Subsection (6) – no official is allowed to ask applicants to volunteer any information beyond these required details.] These are submitted for a background check. [Subsection (1).]

Name

Address

Description

Signature

Date of birth

Place of birth

Social security number [Note: Disclosing SSN is optional.]

Military status

Citizenship

Driver’s license number or state identification card number

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6. Applicant May Be Required to Demonstrate Familiarity with Firearm

The sheriff may require an applicant to demonstrate familiarity with a firearm, and shall accept whichever source of evidence the applicant chooses to supply:

Completion of any hunter education/safety course approved by the Department of Fish and Game of Idaho or similar agency in another state. [Subsection (13)(a).]

Completion of any firearms safety or training course or class available to the general public, utilizing instructors certified by the National Rifle Association or Idaho state police. The course/class may be offered by “a law enforcement agency, community college, college, university, or private or public institution or organization or firearms training school.” [Subsection (13)(c).]

Completion of any law enforcement firearms safety or training course/class offered for “security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement agency.” [Subsection (13)(d).]

Evidence or equivalent experience with a firearm by participating in organized shooting competition or military service. [Subsection (13)(e).]

Is or has been licensed to carry a firearm in Idaho or a county or municipality, unless the license has been revoked for cause. [Subsection (13)(f).]

Completion of any firearms training or safety course/class conducted by afirearms instructorcertified by the state or National Rifle Association. [Subsection (13)(g).]

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7. Application is Exempt from Disclosure

“Upon issuing a license under the provisions of this section, the sheriff will notify the Idaho state police on a form or in a manner prescribed by the state police. Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 9-338, Idaho Code.” [Subsection (1).]

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8. Warning About Potential Prosecution

“CAUTION: Federal law and state law on the possession of weapons and firearms differ. If you are prohibited by federal law from possessing a weapon or a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.” [Subsection (1).]

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9. Application Processing Timeframe

Within five days of an application being filed, the sheriff must forward the application and fingerprints to the Idaho state police to conduct a records check and fingerprint check of state and federal files. They are required to return the results to the sheriff within 75 days. “The sheriff shall not issue a license before receiving the results of the records check and must deny a license if the applicant is disqualified under any of the criteria listed in paragraphs (a) through (n) of this subsection.” [Subsection (1).]

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10. Original License Fees and Costs

Fee for the original license is $20, paid to the sheriff. The sheriff may collect on behalf of the state any additional fees to cover fingerprint processing and costs of materials for the license. [Subsection (2).]

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11. Causes for Denial of a License

County sheriffs must issue a license to carry a concealed weapon within Idaho to a person who is not disqualified from possessing or receiving a firearm under state or federal law.

Ineligible to own, possess, or receive a firearm under state or federal law. Subsection (1)(a).

Formally charged with [Subsection (1)(b)], or found guilty of [Subsection (1)(c)], a crime punishable by a prison term over one year.

Is a fugitive from justice. [Subsection (1)(d).]

Is an unlawful user of, or addicted to, any controlled substance as defined in 21 U.S.C. 802. [Subsection (1)(e).]

Was dishonorably discharged from the armed forces. [Subsection (1)(g).]

Is or has been found guilty of, or received a withheld judgment or suspended sentence for, one or more misdemeanor crimes of violence – unless three years have elapsed since disposition or pardon occurred prior to the date the license application was submitted. [Subsection (1)(h).]

Has had a withheld judgment for a criminal offense that would disqualify from obtaining a concealed weapon license. [Subsection (1)(i).]

Is an alien in the U.S. illegally. [Subsection (1)(j).]

Was formerly a U.S. citizen but renounced his/her citizenship. Subsection (1)(k).

Is under 21 years old. [Subsection (1)(l).] [But also see the topic section below on Potential Age Exception for License, based on Subsection (11).]

Is free on bond or personal recognizance pending trial, appeal, or sentencingfor a criminal offense that would disqualify from obtaining a concealed weapon license. [Subsection (1)(m).]

Is subject to a protection order issued under Idaho Code chapter 63, title 39 that restrains them from “harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.” [Subsection (1)(n).]

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12. License Details and Data

Licenses are valid for five years from the date issued. [Subsection (1).]

The license is similar to an Idaho driver’s license, with the following features. [Subsection (1).]

Name

Address

Date of birth

Picture

Expiration date

Driver’s license or state identification card number

Signature

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13. License Renewal

A license may be renewed at any time during the 90-day period prior to expiration, unless it has been suspended, revoked, or disqualified as provided for by law. Renewal notices will be mailed out before the 90-day period. Renewal requires completing an application, and submitting it for a records check of state and national databases. The Idaho state police are required to return the results of the record check to the sheriff within 30 days. The sheriff cannot issue a renewal before receiving these results, and must deny the application if there is any disqualification as listed in Subsection (1), paragraphs (a) through (n) of this Section. A renewed license is good for five years from the expiration date of the previous license. Renewal applicants who are 91 days or more past the expiration date must pay to the sheriff a late renewal penalty of $10 in addition to the renewal fee. (Exception: A licensee on active duty in the U.S. armed forces does not have a late renewal penalty fee.) [Subsection (4).]

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14. Renewal License Fees and Costs

The fee for license renewal is $15, plus any additional fees for fingerprinting (if these were not required for the original license) and costs of materials. [Subsection (3).]

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15. Temporary Emergency License

“Notwithstanding the requirements of this section, the sheriff of the county of the applicant’s residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.” [Subsection (5).]

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16. Potential Age Exception for License

The sheriff may issue a license to individuals between ages 18 and 21, “who in the judgment of the sheriff warrant the issuance of the license to carry a concealed weapon. Such issuance shall be subject to limitations which the issuing authority deems appropriate.” Licenses issued to 18- to 21-year-olds are to be easily distinguished from regular licenses. [Subsection (11).]

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17. Persons Excepted from License Requirement

The following are exempt from the requirement to secure a license to carry a concealed weapon. (The following are all direct quotes from the Idaho Statute, emphasis added.)

[Law enforcement] Officials of a county, city, state of Idaho, the United States, peace officers, guards of any jail, court appointed attendants or any officer of any express company on duty; [Subsection (12)(a).]

Employees of the adjutant general and military division of the state where military membership is a condition of employment when on duty; [Subsection (12)(b).]

Criminal investigators of the attorney general’s office, criminal investigators of a prosecuting attorney’s office, prosecutors and their deputies; [Subsection (12)(c).]

Any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity; [Subsection (12)(d).]

Any publicly elected Idaho official; [Subsection (12)(e).]

Retired peace officers or detention deputies with at least ten (10) years of service with the state or a political subdivision as a peace officer or detention deputy and who have been certified by the peace officer standards and training council; [Subsection (12)(f).]

Any person who has a valid permit from a state or local law enforcement agency or court authorizing him to carry a concealed weapon. A permit issued in another state will only be considered valid if the permit is in the licensee’s physical possession. [Subsection (12)(g).]

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18. Weapon Restrictions, Regulations, and Exceptions

You cannot have a concealed weapon without a license:

In any motor vehicle, inside or outside of any city. Subsection (9).

You can have a concealed weapon without a license:

You can have a concealed firearm in any motor vehicle if the weapon is disassembled or unloaded. [Subsection (9).]

You can have a concealed weapon without a license “in the person’s place of abode or fixed place of business, or on property in which the person has any ownership or leasehold interest.” [Subsection (7).]

Other regulations and restrictions:

You can have a firearm in plain view in any motor vehicle, whether the firearm is loaded or unloaded. [Subsection (9).]

Carrying a concealed weapon in violation of the provisions in this Section is a misdemeanor. [Subsection (14).]

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19. License Revocation

“The sheriff of the county where the license was issued or the sheriff of the county where the person resides shall have the power to revoke a license subsequent to a hearing in accordance with the provisions of Idaho Code Ann. Title 67, Chapter 52, for any of the following reasons.” (The following are all direct quotes from the Idaho Statute, emphasis added.)

Fraud or intentional misrepresentation in the obtaining of a license; [Subsection (15)(a).]

Misuse of a license, including lending or giving a license to another person, duplicating a license or using a license with the intent to unlawfully cause harm to a person or property; [Subsection (15)(b).]

The doing of an act or existence of a condition which would have been grounds for the denial of the license by the sheriff; [Subsection (15)(c).]

The violation of any of the terms of this section; or [Subsection (15)(d).]

The applicant is adjudicated guilty of or receives a withheld judgment for a crime which would have disqualified him from initially receiving a license. [Subsection (15)(e).]

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20. Background Checks at Time of Weapon Purchase or Transfer

A person age 21 or older who has been issued a license is exemptfrom any requirement to undergo a records check at the time of firearm purchase or transfer from a federally licensed firearms dealer. [Subsection (16).]

A person issued a temporary emergency license [Subsection (5)] is not exempt from any records check requirement. [Subsection (16).]

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21. Reciprocal Agreements with Other States

The Attorney General is authorized to negotiate reciprocal agreements with other states to honor their licenses for concealed weapons. The Idaho state police keep copies and maintain records of reciprocity agreements, and these “shall be made available to the public.” [Subsection (17).]

RESEARCH NOTES: The Attorney General’s webpage on Concealed Weapons License FAQs gives basic information on reciprocal agreements: “Idaho recognizes valid concealed weapons licenses from all states. Idaho does not require specific reciprocity agreements with the other states.” However, some states do require negotiation of a specific reciprocity agreement, and the Attorney General has entered into a number of those agreements.

The Idaho State Police, webpage on Common Questions for Patrol, states regarding concealed weapons permits from other states, that Idaho Code “does allow for reciprocity if a citizen from another state or jurisdiction has a valid concealed weapons permit. The only requirements are that the person have the permit on their person at all times and display it upon request of an enforcement officer.”

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22. Potential Changes to These Laws

As with many Idaho Codes with multiple subsections, § 18-3302 notes that the provisions are independent: “The provisions of this section are hereby declared to be severable and if any provision of this section or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this section.” [Subsection (18).]